{"id":"nsw:act-1979-059","name":"Crown Advocate Act 1979","slug":"crown-advocate-act-1979","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"59 of 1979","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":108219,"registerId":"nsw-act-1979-059-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Crown Advocate Act 1979](/view/html/inforce/current/act-1979-059).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Definition","content":"#### 2 Definition\n\n2 Definition\n\n> In this Act, except in so far as the context or subject-matter otherwise indicates or requires, Crown Advocate includes the deputy appointed to act for the Crown Advocate during the Crown Advocate’s illness or absence from office.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Appointment of Crown Advocate","content":"#### 3 Appointment of Crown Advocate\n\n3 Appointment of Crown Advocate\n\n> > (1) The Governor may appoint as Crown Advocate an Australian legal practitioner of at least 7 years’ standing.\n> \n> > (2) Any appointment pursuant to subsection (1) may be on such terms and conditions as the Governor determines.\n> \n> > (3) (Repealed)\n> \n> > (4) The office of Crown Advocate shall not be held by a Minister of the Crown.\n> \n> **s 3:** Am 1990 No 99, Sch 4; 1993 No 87, Sch 5; 2008 No 62, Sch 3.2.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Government Sector Employment Act 2013 not to apply","content":"#### 4 Government Sector Employment Act 2013 not to apply\n\n4 [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) not to apply\n\n> The office of Crown Advocate is a statutory office and the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) does not apply to that office.\n> \n> **s 4:** Subst 2015 No 15, Sch 3.18.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Term of office","content":"#### 5 Term of office\n\n5 Term of office\n\n> > (1) Subject to this Act, the Crown Advocate shall hold office for such term, not exceeding 7 years, as is specified in the instrument of his or her appointment.\n> \n> > (2) The Crown Advocate shall, if otherwise qualified, be eligible for re-appointment from time to time for such term, not exceeding 7 years, as is specified in the instrument of his or her re-appointment.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Vacation of office","content":"#### 6 Vacation of office\n\n6 Vacation of office\n\n> > (1) The Crown Advocate shall be deemed to have vacated the office of Crown Advocate:\n> > \n> > > (a) if the Crown Advocate is removed from office by the Governor pursuant to subsection (2),\n> > \n> > > (b) if the Crown Advocate becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration, allowances or estate for their benefit,\n> > \n> > > (c) if the Crown Advocate becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the [Mental Health Act 1958](/view/pdf/asmade/act-1958-45) or a person under detention under Part 7 of that Act,\n> > \n> > > (d) if the Crown Advocate resigns the office by instrument in writing addressed to the Governor, or\n> > \n> > > (e) (Repealed)\n> > \n> > > (f) if the Crown Advocate engages (whether in New South Wales or elsewhere) during the Crown Advocate’s term of office in any paid employment or in any remunerated practice of law outside the duties of the office.\n> > \n> > > (g) (Repealed)\n> \n> > (2) The Governor may, for any cause which appears to the Governor to be sufficient, remove the Crown Advocate from office.\n> \n> > (3) (Repealed)\n> \n> **s 6:** Am 1980 No 187, Sch 1; 1990 No 44, sec 4; 1990 No 99, Sch 4.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Remuneration and leave","content":"#### 7 Remuneration and leave\n\n7 Remuneration and leave\n\n> > (1) The Crown Advocate is entitled to be paid:\n> > \n> > > (a) remuneration in accordance with the [Statutory and Other Offices Remuneration Act 1975](/view/html/inforce/current/act-1976-004), and\n> > \n> > > (b) such travelling and subsistence allowances as the Minister may from time to time determine in respect of the Crown Advocate.\n> \n> > (2) The leave which may be granted to the Crown Advocate shall be as the Minister may from time to time determine in respect of the Crown Advocate.\n> \n> **s 7:** Am 1987 No 48, Sch 30.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Deputy of Crown Advocate during Crown Advocate’s illness or absence","content":"#### 8 Deputy of Crown Advocate during Crown Advocate’s illness or absence\n\n8 Deputy of Crown Advocate during Crown Advocate’s illness or absence\n\n> > (1) In the case of the illness or absence from office of the Crown Advocate, the Governor may appoint a deputy to act for the Crown Advocate during the Crown Advocate’s illness or absence.\n> \n> > (2) Without affecting the generality of subsection (1), the Crown Advocate is, for the purposes of that subsection, absent from the office of Crown Advocate during any period that the Crown Advocate is appointed to act for the Solicitor General under section 2 (1) of the [Solicitor General Act 1969](/view/html/inforce/current/act-1969-080).","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Duties and functions of Crown Advocate","content":"#### 9 Duties and functions of Crown Advocate\n\n9 Duties and functions of Crown Advocate\n\n> The duties and functions of the Crown Advocate are:\n> \n> > (a) to assist the Solicitor General in respect of the exercise or discharge by the Solicitor General of any powers, authorities, duties or functions delegated by the Attorney General under section 4 of the [Solicitor General Act 1969](/view/html/inforce/current/act-1969-080), and\n> \n> > (b) to advise and conduct proceedings on behalf of the Director of Public Prosecutions, with the consent of the Attorney General and at the request of the Director, and\n> \n> > (c) whenever directed by the Attorney General, to act as counsel for the Crown in right of the State, for the Attorney General or for any other person in any criminal or civil proceedings or in any inquiry or commission, and\n> \n> > (d) to advise the Attorney General in respect of any matter referred to the Crown Advocate by the Attorney General, and\n> \n> > (e) to carry out such other duties and functions of counsel as the Attorney General directs, and\n> \n> > (f) to carry out other duties and functions conferred or imposed on the Crown Advocate by or under this or any other Act.\n> \n> **s 9:** Am 1986 No 212, Sch 1; 1998 No 49, Sch 8 \\[1\\] \\[2\\].","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Delegation of functions by Attorney General","content":"#### 10 Delegation of functions by Attorney General\n\n10 Delegation of functions by Attorney General\n\n> > (1) The Attorney General may, by instrument in writing, delegate to the Crown Advocate the exercise or discharge of such of the powers (other than this power of delegation), authorities, duties and functions that may be exercised or discharged by the Attorney General and as may be specified in the instrument of delegation, and may in like manner revoke wholly or in part any such delegation.\n> \n> > (2) A delegation made under this section may be made subject to such conditions or such limitations as to the exercise or discharge of any of the specified powers, authorities, duties or functions delegated or as to time or circumstances as may be specified in the instrument of delegation.\n> \n> > (3) Notwithstanding any delegation made under this section, the Attorney General may continue to exercise or discharge all or any of the powers, authorities, duties or functions delegated.\n> \n> **s 10:** Ins 1998 No 49, Sch 8 \\[3\\].","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Exercise of delegated functions","content":"#### 11 Exercise of delegated functions\n\n11 Exercise of delegated functions\n\n> > (1) Any power, authority, duty or function, the exercise or discharge of which has been delegated under section 10, may, while the delegation remains unrevoked, be exercised or discharged in accordance with the terms of the delegation by the Crown Advocate.\n> \n> > (2) Any act or thing done or suffered by the Crown Advocate, when acting in the exercise of a delegation made under section 10 and within the terms of the delegation, has the like force and effect as if the act or thing had been done or suffered by the Attorney General.\n> \n> > (3) Where any power, authority, duty or function is exercised or discharged under a delegation made under section 10, and its exercise or discharge depends on the opinion, belief or state of mind of the Attorney General, that power, authority, duty or function may be exercised or discharged by the Crown Advocate on the opinion, belief or state of mind of the Crown Advocate.\n> \n> > (4) No person is to be concerned to see or inquire into whether any act, matter or thing done or performed by the Crown Advocate when purporting to act under a delegation made under section 10 is or is not authorised by that delegation.\n> \n> **s 11:** Ins 1998 No 49, Sch 8 \\[3\\].","sortOrder":10}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act appears to have remained true to its original intent since 1979 — establishing and maintaining the office of Crown Advocate in NSW. The limited number of amendments (only two substantive updates recorded in 1998 and 2008) suggests no significant expansion or contraction of its original scope."},"complexity_factors":["Very short and narrow in scope — deals only with establishing a single government office","Limited substantive content visible in the provided text (mostly metadata and navigation)","Minimal amendments over its 45+ year history suggests stable and simple subject matter","No complex technical definitions, cross-references, or regulatory schemes evident","Affects a narrow class of people (government lawyers and agencies) rather than the general public"],"plain_english_summary":"The Crown Advocate Act 1979 (NSW) creates and recognises the office of the Crown Advocate — a senior government lawyer who advises and represents the NSW Government in complex legal matters. It mainly affects ministers, government agencies and the legal profession (particularly barristers), and matters to the public insofar as it enables the state to conduct or defend legal proceedings effectively."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing the office of Crown Advocate with defined appointment, tenure, and functions. The 1998 amendments added delegation powers (sections 10-11), but this was a logical extension of the Crown Advocate's advisory and representational role rather than scope creep. The 2015 amendment updating the employment exclusion reference reflects routine maintenance, not expansion."},"complexity_factors":["Only 1 defined term ('Crown Advocate') in the interpretation section","Straightforward appointment and removal provisions with minimal conditions","Single cross-reference to other legislation (Solicitor General Act 1969) for substantive duties","No nested exceptions or complex conditional logic","Delegation provisions (sections 10-11) follow standard template language common across NSW statutes","Length is concise at 11 sections covering a single statutory office","Some historical baggage: multiple repealed subsections and references to outdated mental health legislation (Mental Health Act 1958, since replaced)"],"plain_english_summary":"This law creates the position of **Crown Advocate** in New South Wales — a senior lawyer who works for the government.\n\n**What the Crown Advocate does:**\n- Helps the Solicitor General (the government's top lawyer) with legal work\n- Acts as a prosecutor in criminal cases when asked by the Director of Public Prosecutions\n- Represents the government (\"the Crown\") in court when directed by the Attorney General\n- Gives legal advice to the Attorney General\n- Can be given additional powers by the Attorney General through written delegation\n\n**Who can be appointed:**\n- Must be an Australian lawyer with at least 7 years of experience\n- Cannot be a government Minister\n- Appointed by the Governor (on the advice of government)\n- Serves up to 7 years at a time, with possibility of reappointment\n\n**Key protections and rules:**\n- The Crown Advocate is a \"statutory office\" — meaning it's established by this Act and isn't covered by general public service employment laws\n- Must not do other paid legal work while in office\n- Automatically loses the job if they go bankrupt, become mentally incapacitated, or are removed by the Governor\n- Gets paid according to a separate law that sets salaries for senior government officers\n- A deputy can be appointed to fill in during illness or absence\n\n**Why it matters:**\nThis Act ensures there's a dedicated, independent senior lawyer available to handle complex government litigation and prosecutions, separate from the Attorney General and Solicitor General. It provides flexibility for the Attorney General to delegate powers while maintaining accountability."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act’s text records later amendments that altered scope: delegation provisions were inserted (see ss 10–11, annotated as inserted 1998), expanding the Crown Advocate’s delegated authority so acts can have the same effect as if done by the Attorney‑General. Other amendments noted in the text (appointment/term/administration) indicate the office’s powers and governance have been adjusted since the original enactment."},"complexity_factors":["Delegation mechanism that lets the Attorney‑General transfer many legal powers to the Crown Advocate and treats acts under delegation as if done by the Attorney‑General (ss 10–11).","Governor’s broad discretion to appoint on terms and to remove the Crown Advocate for any cause the Governor considers sufficient (ss 3(1)–(2), 6(2)).","Eligibility, fixed maximum term (7 years) and re‑appointment rules that structure tenure (ss 3, 5).","Specific vacation triggers including bankruptcy, certain mental‑health statuses, resignation and prohibition on outside paid legal employment (s 6(1)(b)–(d), (f)).","Interplay with other statutes: remuneration cross‑referenced to the Statutory and Other Offices Remuneration Act and explicit non‑application of the Government Sector Employment Act (s 7; s 4).","Appointment of a deputy during illness/absence and automatic absences when acting for the Solicitor‑General, creating coverage and substitution rules (s 8).","Ministerial and Attorney‑General control over allowances, leave and directions, concentrating implementation discretion in executive officers (ss 7, 9, 10)."],"plain_english_summary":"Creates the statutory office of Crown Advocate, appointed by the Governor (an Australian legal practitioner with at least seven years’ standing) for terms up to seven years and removable by the Governor. The Crown Advocate advises and represents the State, assists the Solicitor‑General, can act for the Director of Public Prosecutions with consent, and carries out Attorney‑General directions; the Attorney‑General may delegate legal powers to the Crown Advocate. Remuneration is fixed by statute and outside paid legal work during the term is prohibited."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/crown-advocate-act-1979","history":"/api/acts/crown-advocate-act-1979/history","analysis":"/api/acts/crown-advocate-act-1979/analysis","conflicts":"/api/acts/crown-advocate-act-1979/conflicts","importantCases":"/api/acts/crown-advocate-act-1979/important-cases","documents":"/api/acts/crown-advocate-act-1979/documents"}}